These are two cases with diametrically opposed outcomes, yet they have one thing in common: the court rules not in favour of the parents, but in the best interests of the child. That is why the winner in such cases is not the one who protests the loudest, but the one who has gathered the evidence.
Termination of parental rights is a measure of last resort. The courts are reluctant to apply it, and ‘failing to participate in the child’s upbringing’ is not, in itself, sufficient grounds. It is necessary to prove systematic, culpable neglect of parental duties.
Acknowledgement of paternity, on the other hand, is a case with excellent prospects: DNA testing yields an almost 100 per cent accurate result, and the defendant’s refusal to undergo the test works against them.
+38 095 554-54-24 — legal advice
Establishing paternity through the courts
If the parents were not married and the father has not voluntarily acknowledged the child, paternity is established by the court (Article 128 of the Family Code).
Who can bring a claim: the mother, the child themselves once they reach the age of majority, a guardian or carer, or a person who considers themselves to be the father.
How it is proven: by any evidence attesting to the child’s parentage — cohabitation, correspondence, photographs, witness statements, or financial support. However, forensic genetic (DNA) testing almost always provides the decisive evidence.
Key point: If the defendant refuses to undergo a DNA test, the court has the right to deem paternity established (Article 109(1) of the Code of Civil Procedure). In other words, simply saying ‘I won’t do it’ is a losing strategy, and this is the basis on which the majority of successful cases are won.
There is no limitation period. A claim may be filed at any time before the child reaches the age of majority, and the child themselves may file a claim even after that.
What does the recognition of paternity entail? The right to maintenance, the right to an inheritance under the law, the right to a survivor’s pension following the loss of a breadwinner, as well as the father’s obligation to participate in the child’s upbringing. Child maintenance is payable from the date the claim is filed.
Termination of parental rights: grounds
An exhaustive list is set out in Article 164 of the Family Code. There are no other grounds:
- the parents failed to collect the child from the maternity hospital without good cause and did not demonstrate parental care towards the child for a period of six months;
- they shirk their duties to bring up and provide for the child;
- they treat the child cruelly;
- they are chronic alcoholics or drug addicts;
- engage in any form of exploitation of the child, or force the child to beg or live on the streets;
- have been convicted of an intentional offence against a child.
The most important thing people do not realise before the consultation: the termination of parental rights does not exempt a parent from the obligation to pay child maintenance (Article 166 of the Family Code). A parent whose rights have been terminated continues to support the child — they simply lose the right to raise the child, to have contact with them, to inherit from the child, and to receive child maintenance from the child in old age.
Why courts refuse
Because the termination of parental rights is an exceptional measure, and the court seeks to avoid it where possible. Typical grounds for refusal:
- no pattern of behaviour. A one-off failure to participate in the child’s upbringing is not grounds for termination. There must be prolonged and culpable behaviour;
- lack of evidence. The court is not persuaded by the mother’s word against the father’s. The following are required: certificates of child maintenance arrears, reports on living conditions, a conclusion from the child protection agency, character references from school and nursery, witness statements, and police records;
- the father has suddenly ‘reformed’ — he has started paying child maintenance and visiting after the claim was filed. This works in his favour;
- the court limits itself to a warning — under Article 170 of the Family Code, a child can be removed without the father’s parental rights being terminated, and courts often choose this route as it is less drastic.
Therefore, before filing a claim, we honestly assess the prospects. If there is insufficient evidence, it is better to first document the child maintenance arrears and gather the necessary documents than to face a rejection: it is more difficult to refile the claim after a rejection.
Mandatory parties
In cases concerning the termination of parental rights, the guardianship and custody authority (which prepares a written opinion) and the public prosecutor are mandatory parties. The opinion of the guardianship authority is not a mere formality: courts very often base their decisions precisely on it. Therefore, liaising with the guardianship authority is a separate and important stage, which begins long before the first hearing.
Restoration of parental rights
Termination is not permanent. A person whose parental rights have been terminated may apply to the court for their restoration if they have changed their behaviour and lifestyle (Article 169 of the Family Code). Restoration is not possible if the child has already been adopted.
This is important for both parties to know: both the person bringing the claim and the person against whom it is brought.
When a solicitor is not needed
If the father himself agrees to acknowledge paternity, a joint application to the Civil Registry Office is sufficient; there is no need for court proceedings. If he agrees to the child being adopted by the stepfather, there is also a simpler route than the termination of parental rights.
A solicitor is required when:
- the father denies paternity or refuses to undergo a DNA test;
- you are applying for the termination of parental rights — without a body of evidence, the case is lost;
- a petition to terminate your parental rights has been filed against you;
- the child needs to be removed due to dangerous conditions;
- paternity is being contested — where a man is registered as the father but is not;
- You need to have your parental rights reinstated.
How we work
- We assess the prospects honestly — is there sufficient evidence for the termination of parental rights, or does it need to be gathered first?
- We build a case file — calculating child maintenance arrears, legal letters, character references, and witnesses.
- We work with the child welfare authority — a great deal depends on their conclusion.
- We request a DNA test — and use the defendant’s refusal to cooperate as evidence.
- We handle the case in court — including any appeal.
- We handle the follow-up procedures — enforcement of maintenance payments, changing the child’s surname, and arranging travel abroad without the other parent’s consent.
Cost of services
| Service | Price |
|---|---|
| Consultation | from 1,500 UAH |
| Legal opinion: assessment of the case’s prospects | from 5,000 UAH |
| Pre-litigation settlement, negotiations | from 5,000 UAH |
| Preparation of a statement of claim and procedural documents | from 5,000 UAH |
| Participation in one court hearing | from 3,000 UAH |
| Court representation | from 10,000 UAH |
| Comprehensive ‘turnkey’ case management | from 25,000 UAH |
The following are charged separately: court fees for non-property claims — 1,331.20 UAH (2026), and forensic genetic (DNA) analysis. No court fees are payable in cases concerning the recovery of maintenance.
Questions and answers
Can parental rights be terminated for non-payment of maintenance?
The arrears themselves are not, in themselves, an automatic ground for termination. It must be proven that there has been systematic evasion of the obligations to raise and support the child. However, a calculation of the arrears made by the enforcement officer is one of the strongest pieces of evidence.
Does the termination of parental rights exempt a person from paying child maintenance?
No. A person whose parental rights have been terminated remains obliged to support the child (Article 166 of the Family Code). Rights are lost, but not obligations.
What happens if the father refuses to undergo a DNA test?
The court has the right to deem paternity established (Article 109(1) of the Code of Civil Procedure). Refusal to undergo the test works against the defendant.
Can paternity be established after the husband’s death?
Yes, paternity is established through court proceedings. This is required for inheritance and a survivor’s pension following the loss of the breadwinner.
Can a father who has moved abroad be deprived of his rights?
Yes, the case is heard even in the absence of the defendant, provided he has been duly notified. However, the court scrutinises the notification carefully, so this part of the procedure must be flawless.
Can parental rights be reinstated?
Yes, if the person has changed their behaviour and lifestyle (Article 169 of the Family Code). Reinstatement is not possible if the child has already been adopted.
How long does the case take?
Acknowledgement of paternity involving a DNA test — 4–8 months. Termination of parental rights — 6–12 months, or longer if there is an appeal.
What documents should I bring to the consultation?
The child’s birth certificate, documents relating to maintenance payments and arrears, reports to the police or child welfare services, character references from school or nursery, and any evidence of the other parent’s behaviour.
Contacting a solicitor at Svarog regarding paternity recognition and termination of parental rights
Describe your situation during the consultation — we’ll tell you honestly whether there is sufficient evidence to terminate parental rights at this stage, or whether you need to gather more evidence first. Losing a case makes it more difficult to appeal again, so rushing into things does more harm than waiting.
+38 095 554-54-24 · Kyiv, 7 Khoriva Street, Office 2 (Podil) · Mon–Fri 9:00–18:00